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County court claim - private parking solutions london

Hello,

I have read the starter guides and as many other threads that I could, but I'm lost and I'm not sure if I should just give in and pay these bullies or if I should fight back.

I have started recieving in december 2017 threatening and harassing letters from 5 different companies (private parking solutions, debit recovery agencies and solicitors) and now a letter form a county court.

I'm not sure what to do as I am new to legal wording and I have no idea what defence to put up, I recon it was late at night when I parked (9.15pm ) and I probably did not see the signs ( http goo.gl/maps/iQoznHEdXzjGngug9]) but I'm not sure I can defend on the basis of that.
I'd rather not go to court, pay costs and take a day off if I don't have a chance, but I also really do not want to give in.

I was originaly given a 100£ PCN and now that has become 247£ (172£, amount claimed, 25£ court fee, 50£ legal representative cost)

Any advice is welcome.
Thanks
«1345

Comments

  • KeithP
    KeithP Posts: 41,218 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 30 August 2019 at 9:36PM
    Hello and welcome.

    It sounds like you may have received a Claim Form from the County Court Business Centre in Northampton.

    Is that correct?

    If so, can you please tell us the Issue Date on that Claim Form?

    You now need to be reading post #2 of [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL] where you will find guidance on dealing with this.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You do not owe £247, you are being scammed

    Which legal is trying to scam you ?
    BWLEGAL OR GLADSTONES
  • kinom
    kinom Posts: 20 Forumite
    Hi,

    - the issue date on the Claim form is 29/08/2019
    - The company coming after me is Rafina solicitors.
  • fisherjim
    fisherjim Posts: 6,936 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    kinom wrote: »
    Hi,

    - the issue date on the Claim form is 29/08/2019
    - The company coming after me is Rafina solicitors.


    Pretty abysmal bunch by the looks of it:


    https://www.reviewsolicitors.co.uk/middlesex/wembley/rafina-solicitors
  • Umkomaas
    Umkomaas Posts: 42,854 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    fisherjim wrote: »

    The PPC network has a remarkable propensity to unearth and jump into bed with some of the worst in the land. Funny that is!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Le_Kirk
    Le_Kirk Posts: 24,130 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Notwithstanding the comments above you will need to defend this and your first job is to complete the AoS using MCOL and your Government Gateway account and the password and log-in that came with the letter from Northampton CCBC - to learn how to do this go to the NEWBIE sticky post # 2 and read (it is not a quick read and will make sense after the third or fourth time!) Then send a SAR (details about how to do this in the same sticky) to the PPC and/or solicitor. While you are in the sticky, read some of the 17 pre-written example defences you will find there.
  • KeithP
    KeithP Posts: 41,218 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    kinom wrote: »
    - the issue date on the Claim form is 29/08/2019.
    With a Claim Issue Date of 29th August, you have until Tuesday 17th September to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL]. About ten minutes work - no thinking required.

    Having done the AoS, you have until 4pm on Tuesday 1st October 2019 to file your Defence.

    That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


    When you are happy with the content, your Defence could be filed via email as suggested here:
      Print your Defence.
    1. Sign it and date it.
    2. Scan the signed document back in and save it as a pdf.
    3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
    4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
    5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
    6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
    7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL] to find out exactly what to do with it.
  • kinom
    kinom Posts: 20 Forumite
    Thanks everybody for the help.

    I have submitted the AOS and will now get the SAR's out to the solicitor and the parking company.

    I will also post my defence when I think I have something presentable.
  • kinom
    kinom Posts: 20 Forumite
    Hi,

    I have received back everything from the SAR, I have thought about it and I do not think I can put up a good defence, the only way would be to claim bad lighting for the parking signs but that also might be a bit far fetched.

    I'm about to reach out to them and propose to settle out of court, I'm happy to show a sanitised version of the material if someone is interested to see if I can actually defend.

    any suggestions?
  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    Reach out? We are not part of the united states yet. I would suggest strongly against doing that
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